North Dakota Attorney General Opinions

N.D.A.G. Letter to Ficek (May 12, 1988) May 12, 1988 Mr. Vince H. Ficek City Attorney P.O. Box 866 Dickinson, ND 58601-0866 Dear Mr. Ficek: Thank you for your letter of April 25, 1988, regarding the proper destination of the funds originally transferred from the building reserve fund of the city of Dickinson to an escrow account for the purpose of being used as part of the financing for the proposed West River Dakota Dome project. The purpose of the escrow has apparently become impractical due to the defeat of a recent election proposing a home rule charter for the

N.D.A.G. Letter to Schaible (May 11, 1988) May 11, 1988 Mr. Robert R. Schaible Deputy Secretary of State Secretary of State's Office State Capitol Bismarck, ND 58505 Dear Mr. Schaible: Thank you for your letter of April 11, 1988, concerning foreign nonprofit corporations conducting charitable solicitations within North Dakota. Your inquiry is whether such entities should obtain a certificate of authority when they conduct charitable solicitations within North Dakota. N.D.C.C. § 10-27-01 provides that no nonprofit foreign corporation may conduct its affairs in this state until it has o

N.D.A.G. Letter to Fraase (May 11, 1988) May 11, 1988 Mr. Paul H. Fraase Acting City Attorney City of Bismarck 221 North 5th Street P.O. Box 5503 Bismarck, ND 58502 Dear Mr. Fraase: Thank you for your letter of April 28, 1988, inquiring as to the legality of a contribution from the city of Bismarck to the Bismarck Chamber of Commerce. Your letter mentions an annual contribution by the city of Bismarck to the Bismarck Chamber of Commerce designed to promote the work of the chamber and advertising the resources, opportunities, and industrial developments within the city of Bismarck. Yo

N.D.A.G. Letter to Odegard (May 4, 1988) May 4, 1988 Mr. James T. Odegard Grand Forks County State's Attorney P.O. Box 607 Grand Forks, ND 58206-0607 Dear Mr. Odegard: Thank you for your letter of April 26, 1988. I understand your inquiry to concern the possibility of a county contracting out privately for services in carrying out the county's statutory duties and responsibilities as opposed to the county undertaking such action through its own employees and equipment. It is impossible to provide a definite and consistent answer to your question. There are a number of variables that wo

N.D.A.G. Letter to Gregg (May 4, 1988) May 4, 1988 Mr. John R. Gregg Gregg & McLean Attorneys at Law P.O. Box 26 Bottineau, ND 58318 Dear Mr. Gregg: Thank you for your letter of April 25, 1988, wherein you refer to my April 20, 1988, letter and ask me to review my conclusion that a special assessment levy must be terminated if the obligation is satisfied by the municipality from other resources. You have asked for this reconsideration in view of the opinion expressed in 1987 N.D. Op. Att'y Gen. 62 "that a city can continue to certify special assessments for collection to pay for an im

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-15 Date issued: May 3, 1988 Requested by: James L. Marion, Clerk North Dakota Board of Pardons - QUESTIONS PRESENTED - I. Whether the North Dakota Board of Pardons has the authority to reduce an applicant's conviction for a class AA felony to a conviction for a class A felony. II. Whether the North Dakota Board of Pardons has the authority to grant a reprieve, commutation, or pardon that would reduce the length

N.D.A.G. Letter to Olson (May 2, 1988) May 2, 1988 Mr. Lonnie Olson Assistant City Attorney Galloway Building P.O. Box 76 Devils Lake, ND 58301 Dear Mr. Olson: Thank you for your letter of April 7, 1988, inquiring as to the ability of a single grocery store in Devils Lake to separate its various store sections into individual "compartments." As we understand your inquiry, the intent of the owner of this grocery store is to treat each compartment as separate grocery store. Using this scenario, the number of employees working in each compartment would be six or less although the grocer

N.D.A.G. Letter to LaQua (May 2, 1988) May 2, 1988 Mr. Vincent A. LaQua Wells County State's Attorney P.O. Box 347 Fessenden, ND 58438 Dear Mr. LaQua: Thank you for your letter of March 31, 1988, describing the sale of gravel by Bremen Township and questions which have been posed concerning that activity. According to your letter, Bremen Township owns a tract of land upon which it causes gravel to be excavated, crushed, and stockpiled. After this process is completed, gravel is sold to other persons or entities and the township receives a certain share of the moneys received for the gr

N.D.A.G. Letter to Gibbens (May 2, 1988) May 2, 1988 Ms. Lisa Beckstrom Gibbens Towner County State's Attorney P.O. Box 601 Cando, ND 58324 Dear Ms. Gibbens: Thank you for your letter of April 20, 1988, inquiring as to the prohibition contained within N.D.C.C. § 40-13-01. The last sentence of this particular statute states that no person in default to the municipality "shall be eligible to any office." There are three sentences in N.D.C.C. § 40-13-01. All three sentences provide qualifications that must be met before persons may be eligible to a municipal office. Th

N.D.A.G. Letter to Burke (May 2, 1988) May 2, 1988 Ms. Patricia L. Burke Burleigh County State's Attorney Burleigh County Courthouse 514 East Thayer Avenue Bismarck, ND 58501 Dear Ms. Burke: Thank you for your letter dated March 24, 1988, in which you inquire as to your responsibilities as state's attorney under N.D.C.C. ch. 27-20. An examination of N.D.C.C. ch. 11-16, pertaining to state's attorneys, and N.D.C.C. ch. 27-20, the Uniform Juvenile Court Act, discloses only one statutory duty placed upon state's attorneys in juvenile court proceedings. N.D.C.C. § 27-20-24(3) provides: 3

N.D.A.G. Letter to Nelson (April 28, 1988) April 28, 1988 Ms. Carol Nelson Barnes County State's Attorney P.O. Box 209 Valley City, ND 58072 Dear Ms. Nelson: Thank you for your letter of April 20, 1988, inquiring whether a reduction in insurance benefits for elected county officials amounts to a reduction in the salary of those officials. The facts contained in your letter as to the various events occurring with respect to health insurance benefits are not all together clear. However, I am assuming that the value of the insurance benefits have been reduced during the county officials'

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-14 Requested by: Owen K. Mehrer, Stark County State's Attorney Dated issued: April 28, 1988 - QUESTION PRESENTED - Whether a clerk of district court may automatically discharge or cancel a judgment that has been transcribed to the clerk's court from another district or county court when the judgment is ten years old and the clerk has not received a certified copy of an affidavit of renewal from the court in

N.D.A.G. Letter to Wheeler (April 27, 1988) April 27, 1988 Mr. R. W. Wheeler Special Assistant Attorney General P.O. Box 2056 Bismarck, ND 58502 Dear Mr. Wheeler: Thank you for your letter of March 25, 1988 inquiring as to statutory qualifications for physician licensure. Specifically, you inquire, on behalf of the Board of Medical Examiners, whether the Board has the power to waive the requirements of three years post graduate training for foreign medical graduates. The statutory qualifications for physician licensure are set out in N.D.C.C. § 43-17-18. N.D.C.C.

N.D.A.G. Letter to Person (April 27, 1988) April 27, 1988 Mr. Alan Person Executive Director North Dakota Public Employees Retirement System 1930 Burnt Boat Drive Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your letter of April 11, 1988, in which you request my opinion on two issues that have arisen with respect to the retiree subgroup of the uniform group insurance program. First, you ask whether retirees may be separated into a distinct group for premium rating purposes. Second, you ask whether the premium for retirees may be adjusted on an annual basis. As amended b

N.D.A.G. Letter to Hall (April 27, 1988) April 27, 1988 Mr. Nicholas B. Hall Walsh County State's Attorney Walsh County Courthouse Grafton, ND 58237 Dear Mr. Hall: Thank you for your letter of March 28, 1988, wherein you inquire whether an instrument of conveyance may be recorded if it describes only a portion of a specific tract which is subject to delinquent taxes, provided that a proportionate share of the delinquent taxes are paid. You have referred to N.D.C.C. §§ 11-13-12 and 11-18-02 which provide that a county register of deeds shall refuse to record a deed of conveyance until t

N.D.A.G. Letter to Van de Streek (April 21, 1988) April 21, 1988 Mr. Nevin Van de Streek City Attorney P.O. Box 1697 Minot, ND 58701 Dear Mr. Van de Streek: Thank you for the copy of your March 4, 1988, memorandum to Jeff Roedacker, Minot city planner, concerning a December 9, 1987, letter I sent to David A. Snyder, director, North Dakota Central Human Service Center. The final paragraph of that memorandum contains a request that I clarify my opinion, as expressed in the final paragraph of the Snyder letter. That paragraph provided: In answer to your specific question, a licensed group

N.D.A.G. Letter to Rydell (April 21, 1988) April 21, 1988 Honorable Cathy Rydell State Representative 535 Assiniboin Drive Bismarck, ND 58501 Dear Representative Rydell: Thank you for your letter of February 1, 1988, requesting an Attorney General's opinion regarding the effect of House Bill No. 1272 on public school districts. As previously indicated to you, we did not receive your letter until March 29, 1988. N.D.C.C. § 23-12-09 establishes facilities affected by the designation of smoking requirements. N.D.C.C. § 23-12-O9(1)(b) states as follows: 23-12-09. Smoking

N.D.A.G. Letter to Rayl (April 21, 1988) April 21, 1988 Mr. R. L. Rayl Director of Institutions State Capitol Bismarck, ND 58505 Dear Mr. Rayl: Thank you for your letter of April 19, 1988, inquiring as to the open records law and a pretermination letter you have sent to an employee of the Director of Institutions' office. North Dakota's open record laws, as found at Art. VI, § 6 of the North Dakota Constitution and N.D.C.C. § 44-04-18, essentially state that all records of public bodies are open to public disclosure "except as otherwise specifically provided by law." In determi

N.D.A.G. Letter to Gregg (April 20, 1988) April 20, 1988 Mr. John R. Gregg Gregg & McLean Attorneys at Law P.O. Box 26 Bottineau, ND 58318 Dear Mr. Gregg: Thank you for your letter of April 7, 1988, wherein you inquire whether a special assessment levy must be terminated if the obligation is satisfied by the municipality from other resources. You enclosed a photocopy of 1976 N.D. Op. Att'y Gen. 19 wherein former Attorney General Allen I. Olson concluded, at 21, that "if sufficient money is collected on a special assessment project in less time than the assessment period, the City must

N.D.A.G. Letter to Gefroh (April 18, 1988) April 18, 1988 Mr. Peter M. Gefroh, Director Secondary Education Department of Public Instruction State Capitol Bismarck, ND 58505 Dear Mr. Gefroh: Thank you for your letter of March 1, 1988, inquiring whether a North Dakota school district has legal authority to issue a high school diploma to a non-resident, foreign student who has never attended high school in the district but who graduates from high school in a foreign country. The general rule for school districts is that their powers must either be express or implied by statute. Gilles

N.D.A.G. Letter to Larson (April 14, 1988) April 14, 1988 Mr. Stuart A. Larson Traill County State's Attorney P.O. Box 188 Hillsboro, ND 58045 Dear Mr. Larson: Thank you for your letter of March 21, 1988, wherein you inquire whether a county auditor may change the assessed valuation as a clerical error under the authority of N.D.C.C. § 57-14-01(04) where a survey shows a different acreage than in the auditor's records. N.D.C.C. § 57-14-01(4) provides that the county auditor shall correct the assessment books if "[t]he assessor has made a clerical error in valuing real property, provide

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-13 Date issued: April 5, 1988 Requested by: Steven L. Vogelpohl, Lincoln City Attorney - QUESTION PRESENTED - Whether a city which levies a tax pursuant to N.D.C.C. ' 57-15-55.1 for transportation fees authorized by N.D.C.C. ' 15-34.2-06.1 and charged by a school district can pay to the school district an amount which exceeds the difference between the state transportation payment and the school district's actual cos

STATE OF NORTH DAKOTA ATTORNEY GENERALS OPINION 88-12 Requested by: Alan Duppler Mercer County State's Attorney Date issued: April 4, 1988 - QUESTION PRESENTED - Whether a board of county commissioners may install traffic control devices at the intersection of a county highway and a private road where the traffic on the private road is sometimes given the right-of-way over traffic on the county highway. - ATTORNEY GENERAL'S OPINION - It is my opinion that a board

N.D.A.G. Letter to Slorby (March 29, 1988) March 29, 1988 Mr. Tom Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Slorby: Thank you for your letter of December 30, 1987, concerning whether or not a lounge may serve alcoholic beverages on Sunday pursuant to N.D.C.C. § 5-02-05.2. This question was further discussed and clarified in several telephone conversations held since the arrival of your letter. I apologize for the delay in responding to you. It is clear from reading the legislative history that the Legislature intended each local jurisdiction to

N.D.A.G. Letter to Meier (March 25, 1988) March 25, 1988 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary of State Meier: Thank you for your letter of March 25, 1988, concerning Manhattan National Life Insurance Company and Surety Mutual Life Insurance Company. Both of these life insurance companies have a specific corporate existence time period listed within their original articles of incorporation. I am told that the applicable law at the time these companies incorporated required such time periods to be specifically state

N.D.A.G. Letter to Enget (March 24, 1988) March 24. 1988 Mr. Wade G. Enget Mountrail County State's Attorney P.O. Box 369 Stanley, ND 58784 Dear Mr. Enget: Thank you for your letter dated March 15, 1988, concerning the detention of the juvenile charged with the crimes of murder and attempted murder. You have advised me that the juvenile matter has been transferred to adult court from juvenile court. You have inquired as to the ability to detain that juvenile in the Mountrail County Jail pending trial and the existence of any restrictions on such detention. I see no prohibition to the d

N.D.A.G. Letter to Hanson (March 21, 1988) March 21, 1988 The Honorable Robert Hanson State Treasurer State Capitol Bismarck, ND 58505 Dear Mr. Hanson: Thank you for your letter of March 2, 1988, inquiring as to the presence of a union label on state stationery and envelopes. As you correctly point out in your letter, a previous North Dakota Statute, N.D.C.C. § 46-02-02, required the appearance of one particular union label, to the detriment of all other union labels, on state stationery. In International Printing Pressman and Assist. U. v. Meier , 115 N.W.2d 18 (N.D. 1962), the Nor

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-11 Date issued: March 21, 1988 Requested by: Tom Slorby, Ward County State's Attorney - QUESTION PRESENTED - Whether defense expense and witness fees, incurred by indigents responding to orders to show cause why a contempt citation should not issue for failure to pay child support, are payable pursuant to N.D.C.C. '' 29-07-01.1 and 31-01-18. - ATTORNEY GENERAL'S OPINION - It is my opinion that defense expenses and

N.D.A.G. Letter to Syverson (March 18, 1988) March 18, 1988 Mr. Gayle Syverson Deputy Auditor Office of State Auditor State Capitol Bismarck, ND 58505 Dear Mr. Syverson: Thank you for your letter of March 9, 1988, posing questions that have occurred as a result of a recent audit of a county. Your first question is whether a county may purchase a vehicle using monies from the corrections center's fund. N.D.C.C. § 57-15-06.6 authorizes the board of county commissioners to levy an annual tax for the purpose of constructing, equipping, operating, and maintaining regional

N.D.A.G. Letter to Slorby (March 18, 1988) March 18, 1988 Mr. Tom Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Slorby: Thank you for your letter of February 26, 1988, forwarding to our attention questions you have received concerning senior citizens mill levy money. According to your letter, it is the Ward County Council on Aging which has contracted with Ward County to disburse the moneys received from the senior citizens mill levy as provided for by N.D.C.C. § 57-15-16. Questions have occurred as to the manner in which the Council on Aging dispe

N.D.A.G. Letter to Klundt (March 18, 1988) March 18, 1988 Honorable Larry A. Klundt State Representative District 12 1720 Burnt Boat Drive Bismarck, ND 58501 Dear Representative Klundt: Thank you for your letter of December 7, 1987. I apologize for the delay in responding to your letter. In your letter you request an opinion on two questions concerning the renewal or nonrenewal of a superintendent's multi-year contract. You first request an opinion as to whether, in a situation in which a superintendent has a multi-year contract, the extension of the contract under N.D.C.C. § 15-47-38

N.D.A.G. Letter to Engelman (March 18, 1988) March 18 1988 Mr. Jerald L. Engelman Mayville City Attorney P.O. Box 547 Mayville, ND 58257-0547 Dear Mr. Engelman: Thank you for your letter of January 21, 1988, wherein you inquire about the taxable status of the Larry Domier residence which is located within the city of Mayville. Specifically, your question is whether the residence is exempt as a farm residence under N.D.C.C. § 57-02-08(15). Procedurally, it is my understanding that Mr. Domier filed an application for an abatement with the Traill County Auditor u

N.D.A.G. Letter to Slorby (March 17, 1988) March 17, 1988 Mr. Tom Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Slorby: Thank you for your letter of December 8, 1987, where you asked a number of questions concerning a township's authority to pay a portion of the cost of a street paving project in a rural subdivision, when the initial cost of the public improvement has been levied as a special assessment under N.D.C.C. § 11-11-55.1. I apologize for the delay in responding to you. A township may pay a portion of the cost of a street paving project in

N.D.A.G. Letter to Berg (March 9, 1988) March 9, 1988 Mr. Bradley Berg Hatton City Attorney Onstad Twichell West Caledonia Avenue P.O. Box 207 Hillsboro, ND 58045-0207 Dear Mr. Berg: Thank you for your letter of February 8, 1988, posing three questions as to a proposed water main replacement project within the City of Hatton. I appreciate receiving your legal analysis as well as that of Mr. Lawrence. You first inquire whether the decision to proceed with the water main replacement project is a discretionary decision of the city council or whether the council is obligated to follow th

N.D.A.G. Letter to Brendel (March 8, 1988) March 8, 1988 Mr. John P. Brendel Renville County State's Attorney P.O. Box 398 Mohall, ND 58761 Dear Mr. Brendel: Thank you for your letter of February 4, 1988, in which you ask whether residents of a school district who have signed an annexation petition may request that their names be withdrawn from the petition and whether the county committee may omit such petition signatures from consideration in the annexation proceedings. In your letter you indicate that residents of a school district signed a petition relative to annexation proceeding

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-10 Date issued: March 8, 1988 Requested by: Peter H. Furuseth Williams County State's Attorney - QUESTION PRESENTED - Whether a certificate of acknowledgment appearing on or attached to a document is valid where the certificate contains a non-embossed seal. - ATTORNEY GENERAL'S OPINION - It is my opinion that a certificate of acknowledgment appearing on or attached to a document is valid where the certificate contains

N.D.A.G. Letter to Swanson (March 7, 1988) March 7, 1988 Mr. Howard D. Swanson Office of the Grand Forks City Attorney P.O. Box 1950 Grand Forks, ND 58206 Dear Mr. Swanson: Thank you for your letter of January 27, 1988, wherein you inquire whether or not property held in trust for a park and recreation commission is exempt from taxation pursuant to N.D.C.C. § 57-02-08(3) or § 57-02-08(10). It is my understanding from reading your letter, and the enclosures that you sent with it, that several lots located in the city of Grand Forks and owned by the "Grand Forks State and County Fair As

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-9 Date issued: March 7, 1988 Requested by: Dennis E. Johnson McKenzie County State's Attorney - QUESTIONS PRESENTED - I. Whether a registered land surveyor must conduct the survey and prepare the plat required by N.D.C.C. ' 40-50.1-01. II. Whether N.D.C.C. ' 40-50.1-01 requires that all divisions of land beyond the boundaries of a municipality be surveyed and platted? - ATTORNEY GENERAL'S OPINIONS - I. It is my opinion t

N.D.A.G. Letter to Tornes (March 4, 1988) March 4, 1988 Mr. Gary L. Tornes, Director Central Personnel Division Office of Management & Budget State Capitol Bismarck ND 58505 Dear Mr. Tornes: Thank you for your letter of October 16, 1987, in which you request an opinion concerning the veterans' preference statute. I apologize for taking so long to respond to your request. In your letter you state that the Central Personnel Division's current interpretation of N.D.C.C. § 37-19.1-01(2) is that an individual must first meet the definition of a veteran prior to being considered eligible fo

N.D.A.G. Letter to Hanson (March 1, 1988) March 1, 1988 The Honorable Robert E. Hanson State Treasurer State Capitol Bismarck, ND 58505 Dear Mr. Hanson: Thank you for your letter of November 16, 1987, in which you request my opinion as to whether or not your deputy may act on your behalf on the various boards and commis- sions of which you are a member. I apologize for the delay in responding. This same issue was addressed in an October 1, 1987, letter to Secretary of State Ben Meier. In the letter to Mr. Meier, it was stated that the generally accepted rule is that the deputy is a sub

N.D.A.G. Letter to Schaible (Feb. 26, 1988) February 26, 1988 Mr. Robert Schaible Deputy Secretary of State State Capitol Bismarck, ND 58505 Dear Mr. Schaible: Thank you for your letter of February 24, 1988, inquiring as to whether the Virgil Hill fight must be governed by the administrative rules enacted by the Secretary of State. North Dakota law, as found at N.D.C.C. § 53-01-16, states that the Secretary of State shall make rules and regulations to govern the holding of amateur and professional boxing exhibitions within the State of North Dakota. This particular statute is found wit

N.D.A.G. Letter to Person (Feb. 26, 1988) February 26, 1988 Mr. Alan Person Executive Director North Dakota Public Employees Retirement System 1930 Burnt Boat Drive Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your letter of February 17, 1988, in which you request my opinion on whether NDPERS may amend its administrative rules to permit an open enrollment for NDPERS members to repurchase prior service credit and purchase service credit for the time spent in the military or working for a governmental entity that did not participate in NDPERS. At the outset, the distincti

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-8 Date issued: February 26, 1988 Requested by: Robert Hoy, Cass County State's Attorney - QUESTION PRESENTED - Whether a judgment by the United States District Court in favor of the United States which declares that a certain sum is owed and directs foreclosure and sale of certain mortgaged real property within the state of North Dakota but does not specifically reflect that a deficiency judgment has been rende

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-7 Date issued: February 24, 1988 Requested by: Lisa Beckstrom Gibbens Towner County State's Attorney - QUESTION PRESENTED - Whether the provisions of N.D.C.C. ' 57-02-26(1) preclude the assessment of a leasehold interest in real property owned by a governmental entity if the term of the lease is for one year or less. - ATTORNEY GENERAL'S OPINION - It is my opinion that the provisions of N.D.C.C. ' 57-02-26(1) do

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-6 Date issued: February 22, 1988 Requested by: M. K. Heidi Heitkamp, Tax Commissioner - QUESTION PRESENTED - Whether a city may adopt an ordinance requiring bars and lounges, regardless of whether they serve prepackaged food, to collect the city lodging and restaurant tax provided in N.D.C.C. ' 40-57.3-01.1. - ATTORNEY GENERAL'S OPINION - It is my opinion that a city may not adopt an ordinance requiring bars and

N.D.A.G. Letter to Diemert (Feb. 17, 1988) February 17, 1988 Mr. Daniel G. Diemert Diemert Law Office, P.C. 59 First Avenue South P.O. Box 39 Ellendale, ND 58436-0039 Dear Mr. Diemert: Thank you for your letter of February 2, 1988, inquiring as to whether a particular city employee is an officer appointed by the mayor and may be removed only pursuant to N.D.C.C. § 40-08-19. In council cities, the mayor, with the approval of the city council, appoints several officers including a city auditor, assessor, attorney, engineer, and "such other officers as the city council deems necessary an

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-5 Date issued: February 11, 1988 Requested by: Joseph S. Lamb, President The Bank of North Dakota - QUESTIONS PRESENTED - I. Whether the standing appropriation language of N.D.C.C. ' 4-02.1-15, as read in conjunction with the authority of the State Fair Association under N.D.C.C. ' 4-02.1-16 to construct a building, constitutes a proper delegation of authority. II. Whether the standing appropriation language of N.D.C.C. '